United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
Honorable Candy W. Dale United States Magistrate Judge
before the Court in this habeas corpus matter is
Respondents' Motion to Dismiss. (Dkt. 32.) Petitioner
Richard Bergesen has filed a response and a supplement (Dkts.
37, 39), and Respondent has filed a reply. (Dkt. 38.) All
parties have consented to the jurisdiction of a United States
Magistrate Judge to conduct all proceedings in this case in
accordance with 28 U.S.C. § 636(c). (Dkt. 15.)
Court takes judicial notice of the record from
Petitioner's state court proceedings, lodged by the
parties. See Fed. R. Evid. 201(b); Dawson v.
Mahoney, 451 F.3d 550, 551 (9th Cir. 2006).
carefully reviewed the record and considered the arguments of
the parties, the Court finds that the parties have adequately
presented the facts and legal arguments in the briefs and
that oral argument is unnecessary. See D. Idaho L.
Civ. R. 7.1(d). Accordingly, the Court enters the following
OF MOTION TO DISMISS
is proceeding on his First Amended Petition for Writ of
Habeas Corpus. (Dkt. 25.) Respondents assert that this entire
action, which challenges a parole hearing and parole
violations, is moot because Petitioner is once again on
Factual and Procedural Background
Petitioner pleaded guilty to grand theft in a criminal action
filed in the Fourth Judicial District Court in Ada County,
Idaho. (Dkt. 1 at 2.) The judgment of conviction was entered
in June of 2011. Petitioner received a unified sentence of 10
years' incarceration in the custody of the Idaho
Department of Correction (IDOC). After serving a portion of
his prison sentence, he was released on parole.
was arrested on parole violations on August 30, 2017. He was
found guilty of two parole violations, but was granted a
diversion in lieu of parole revocation. He was required to
complete programming to address his mental health needs.
(State's Lodging B-5, p. 5.) Petitioner was cleared for
parole again on June 18, 2018, and he remains on parole
today. His sentence satisfaction date is December
28, 2020. He will remain in legal custody of the Idaho
Department of Correction until that date.
operative pleading, the First Amended Petition filed on March
5, 2018, challenges various aspects of the 2017 Idaho
Commission of Pardons and Parole hearing that resulted in
guilty findings on violations of two special conditions of
parole. (Dkt. 31.)
First Amended Petition raises several constitutional
challenges to the parole revocation hearing, including:
1. Violating I.C. § 20-229 and IDAPA Rule
2. Refusing to place a witness under oath and refusing to
audio record the parole ...